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(영문) 수원지방법원 안산지원 2013.11.27 2013고단2216

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on June 28, 2012, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on June 28, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on December 5, 2012, respectively.

On August 2, 2013, at around 10:35, the Defendant driven a B car with blood alcohol concentration of approximately 0.149% without a vehicle driver’s license from the front of the city-affiliated gate located in the Dong-dong of Ansan-si to the front of the 779-6 front of the same 779-6-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act (Consideration of sentencing)

5. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. include the confessions and reflects of the crime of this case, the fact that there is no sentence imposed due to the same kind of crime, and other factors such as drinking water, driving place, the age of the defendant.